North Dakota Court Records

The court system in North Dakota is organized into the appellate tier, the court of general jurisdiction, and the courts of limited jurisdiction. Each of these courts has specific functions and jurisdictions. More than 150,000 cases are filed annually in North Dakota courts.

At the top is the North Dakota Supreme Court, the highest court in the state. It serves primarily as an appellate court, reviewing decisions made by lower courts and issuing final rulings on constitutional, legal, and procedural matters. It also oversees the administration of the state's judicial system and adopts rules governing court procedures.

Below the Supreme Court are the District Courts, which are the trial courts of general jurisdiction. They handle a wide range of cases, including criminal, civil, family, probate, and juvenile matters. Each of North Dakota's judicial districts has at least one district court serving the counties within its boundaries. District courts in North Dakota also serve as the first level of appeal for decisions made by many administrative agencies. When acting in this appellate role, the district courts do not hold a new trial. Instead, they review the existing record from the administrative hearing and make their decision based on that information.

Municipal Courts exist in several cities and have limited jurisdiction. They handle violations of city ordinances, traffic infractions, and Class B misdemeanors occurring within city limits. Not all cities have a municipal court, and in such jurisdictions, the district court may assume those responsibilities.

What Are the Types of Court Records In North Dakota?

The type of case handled in a North Dakota court determines the types of records that are held by the court. The records of each court in North Dakota are managed by the office of the clerk of the court. Specifically, the following types of records may be found in each court type in the North Dakota court hierarchy:

• North Dakota Supreme Court
• Opinions and Rulings: Final decisions on constitutional, statutory, and procedural appeals. These are published on the North Dakota Supreme Court website.
• Case Dockets: Includes records of briefs, motions, and orders in appellate cases.
• Administrative Orders and Rules: Administrative directives affecting statewide judicial procedure.
• Petitions for Review (Certiorari): Discretionary reviews of final decisions from lower courts or administrative agencies.
• North Dakota District Courts
• Criminal Case Records: Includes felony and misdemeanor charges, plea agreements, trial transcripts, sentencing orders, and post-conviction motions.
• Civil Case Records: Covers contract disputes, tort claims, personal injury, probate matters, and civil restraining orders.
• Appeals from Lower Courts and Agencies: Reviews appeals from municipal courts and certain administrative decisions.
• Juvenile Delinquency Records: Confidential records for offenses committed by minors; governed by the North Dakota Juvenile Court Act.
• Child Welfare Cases: Proceedings involving abuse, neglect, foster care, and parental rights termination.
• Adoption and Guardianship: Records are sealed, but courts handle petitions for permanent placement or guardianship of minors.
• Family Law Records: Includes divorce, child custody, spousal and child support, and annulment filings.
• Domestic Violence Protection Orders: Includes applications, temporary orders, and final protective orders under the Domestic Violence Protection Order Act.
• Paternity and Parental Rights: Determinations related to parentage and custodial rights.
• Estate Administration Records: Wills, petitions for probate, estate inventory, and asset distribution.
• Guardianship and Conservatorship: Court oversight of adults or minors unable to manage their affairs due to disability, age, or incapacity.
• Small Claims Case Records: Disputes involving claims of $15,000 or less, including debt recovery and landlord-tenant cases.
• Judgment Enforcement: Includes wage garnishment orders and lien filings.
• North Dakota Municipal Courts
• Criminal and Traffic Case Records: Includes non-felony criminal offenses, DUI, minor drug possession, and traffic violations such as speeding and reckless driving.
• Arraignment and Bail Hearings: First appearance records including bail decisions and preliminary advisements.
• Judgments and Collections: Civil infractions and court-ordered payment plans or collections on fines and costs.

Are North Dakota Court Records Public?

Court records in North Dakota are generally public and accessible under the state's open records statutes. These statutes are grounded in the North Dakota Constitution and implemented through Administrative Rule 41, which affirms the public's right to access most court records unless specifically restricted by law or court order. However, certain records are exempt from public access, including:

• Records sealed by court order
• Juvenile court records
• Records involving mental health commitments
• Certain adoption records
• Social security numbers, financial account numbers, and other sensitive personal information

Note that North Dakota laws allow individuals involved in a case to request the public disclosure of their records in specific circumstances. Courts in the state may permit the sealing of court records if a compelling interest outweighs the public right to access or to protect privacy in sensitive cases.

How Do I Search North Dakota Court Records?

North Dakota court records are available to the public online via the Courts Records Inquiry portal. This system provides access to case information for traffic, civil, and criminal case types. Some municipal court case information may also be accessed via this tool. To perform a search via this tool, you need a party name, case number, or citation number.

Also, the North Dakota Supreme Court provides access to its case information for public appellate records, opinions, and calendars. You may perform a search for public appellate records by providing a case number or party name.

How To Retrieve Court Records Offline

To retrieve North Dakota court records offline, you can visit or contact the Clerk of Court's office in the county where the case was filed. Note that if you only want to view court records, you may use the public access terminals at the courthouses to search for case information during normal business hours. However, if you want a standard or certified copy of a court record, you may submit a request to the office of the clerk. In your request, you must indicate information relevant to the records, such as name of parties involved, case number, filing date, and the record type (criminal civil, traffic, probate).

Note that standard copies of North Dakota court records typically cost $0.10 per page, with a $1 minimum charge. Certified copies are typically charged at $10 per document for a first copy, and $5 for each additional certified copy of the same document. The office of the clerk may also charge a record search fee, usually $10 per name and type of record.

Can I Seal or Expunge a North Dakota Court Record?

Expungement refers to a complete erasure of a record as if it never existed, while sealing is the process of hiding a record from public view, although the record remains accessible to certain government agencies and law enforcement. North Dakota does not use the term "expungement" for adult criminal records. The state only permits expungement in limited circumstances, such as for records that are a direct result of being a victim of human trafficking, records for possession of one ounce or less of marijuana, records of juvenile court unruly or delinquency proceedings, records of DNA profiles, and records of unconstitutional arrests. Criminal records may be sealed under Chapter 12-60.1 of the North Dakota Century Code.

Under North Dakota law, individuals may petition a state court to have their criminal records sealed if certain conditions are met. A person who was convicted of a misdemeanor offense may apply if at least three years have passed since completing incarceration, probation, or parole, and they have not been charged with any new crime during that period. Also, a person convicted of a felony offense may be eligible if at least five years have passed under the same conditions.

However, some individuals are not eligible to petition for sealing under this law. This includes persons convicted of felony offenses involving violence or intimidation, if they are still within the 10 years during which they are prohibited from possessing a firearm. Additionally, registered sex offenders or offenders against children are also ineligible.

Note that sealing under North Dakota laws is not automatic. Persons looking to seal their records must apply to the court. Upon determining your eligibility, you may file for sealing following these steps:

• Gather the Appropriate Documents: These include:
• Petition to Seal Criminal Records
• Proposed Order to Seal Criminal Records
• Proof of Service of the Petition and Proposed Order on the Respondent.

You may obtain these forms from the office of the clerk of court.

• Serve Notice: Serve copies of the petition to seal records and the proposed order to seal criminal records to respondents in the case, including the prosecuting attorney. Service must be done following Rule 49 of the North Dakota Rules of Criminal Procedure.
• Submit Proof of Service and Other Documentation: The proof of service of copies of the petition and proposed order, the petition to seal criminal records, and the proposed order to seal criminal records must be filed with the clerk of the court. An Affidavit, or Declaration, of service is considered proof of service. However, if a sheriff served the documents, a certificate of service is proof of service. Note that you may be required to pay a filing fee at the time of filing. You may contact the clerk of the court to verify the amount, if any.
• Attend Hearing: A hearing will be scheduled to consider your petition no earlier than 45 days after the filing date. Be prepared to present evidence of rehabilitation and compliance with all court orders.
• Await Decision: The court will issue an order granting or denying the petition

Note that when deciding whether to grant a request to seal criminal records, a North Dakota court will consider several factors, including the following:

• The type and seriousness of the offense.
• Whether the petitioner currently poses any risk to public safety.
• How much time has passed since the offense occurred?
• Evidence of the petitioner's rehabilitation and good behavior since the offense.
• Any aggravating or mitigating circumstances related to the crime, including those listed in N.D.C.C. Section 12.1-32-04.
• The petitioner's overall criminal history, employment background, and involvement in the community.
• Input or recommendations from law enforcement, prosecutors, corrections officials, and others familiar with you and the case.
• The opinion or recommendation of any victim involved in the offense.

If the court denies your sealing petition, you must wait three years before filing another request to seal your record. However, if your petition was filed in a municipal court, you may appeal the denial to a state district court. On the other hand, if a state district court judge or magistrate denies your petition, that decision cannot be appealed.

For more information on expunging or sealing records in North Dakota, see the expungement and sealing research guides published on the state courts website.

How To Search Federal Court Records in North Dakota

The federal district court with jurisdiction over the state of North Dakota is the United States District Court for the District of North Dakota. Headquartered at the William L. Guy Federal Building and with locations in Bismarck and Fargo, this court handles matters relating to violations of federal laws and bankruptcy matters.

PACER, short for Public Access to Court Electronic Records, is the primary system for accessing federal court records online nationwide, including those from North Dakota. Through PACER, you may search criminal, civil, and bankruptcy case dockets. From the search results, you may view and download filed documents in the case searched. Note that you must first create an account on the PACER website to use the system. Also, it costs $0.10 per page, with a maximum charge of $3 per document.

If you want to access records of this court offline, you may submit a request in person at the clerk's office at the court's headquarters or divisional offices. Note that the court operates unstaffed satellite offices in Minot and Grand Forks. Standard copies of the records of this court cost $0.50 per page, while certified copies of the records cost $11 per document.

For older or closed case records, you may contact the National Archives.

How To Get North Dakota Court Records Online for Free?

You may obtain North Dakota court records online for free using the North Dakota Courts Records Inquiry portal. This tool allows users to search for criminal, traffic, and civil cases by entering a party name, citation number, or case number. While you may view case summaries and docket information for free, full documents such as filings or court orders may require payment or in-person access at a clerk's office.

In addition to the state's records inquiry portal, third-party websites like PeopleRecords.us also offer access to public court data. These platforms may allow users to perform free basic searches across multiple jurisdictions, including North Dakota.